[Federal Register Volume 72, Number 36 (Friday, February 23, 2007)]
[Proposed Rules]
[Pages 8145-8148]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-3137]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[I.D. 021507A]


Western Pacific Fishery Management Council; Public Meetings

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of public meetings and hearings.

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SUMMARY: The Western Pacific Fishery Management Council (Council) will 
hold its 137th meeting to consider and take actions on fishery 
management issues in the Western Pacific Region.

DATES: The 137\th\ Council meeting and public hearings will be held on 
March 13 - 16, 2007. For specific times and the agenda, see 
SUPPLEMENTARY INFORMATION.

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ADDRESSES: The 137th Council meeting and public hearings will be held 
at the Ala Moana Hotel, 410 Atkinson Drive, Honolulu, HI 96814-4722; 
telephone: 808-955-4811.

FOR FURTHER INFORMATION CONTACT: Kitty M. Simonds, Executive Director; 
telephone: 808-522-8220.

SUPPLEMENTARY INFORMATION: In addition to the agenda items listed here, 
the Council will hear recommendations from other Council advisory 
groups. Public comment periods will be provided throughout the agenda. 
The order in which agenda items are addressed may change. The Council 
will meet as late as necessary to complete scheduled business.

Schedule and Agenda for Council Standing Committee Meetings

Tuesday, March 13, 2007

Standing Committee
    1. 8 a.m. - 10 a.m. Marianas Archipelago Ecosystem Standing 
Committee
    2. 10 a.m. - 12 noon Hawaii Archipelago Ecosystem Standing 
Committee
    3. 1:30 p.m. - 3 p.m. American Samoa Archipelago Ecosystem Standing 
Committee
    4. 3 p.m. - 4 p.m. Pelagics and International Ecosystem Standing 
Committee
    5. 4 p.m. - 6 p.m. Program Planning/Research & Executive/Budget 
Standing Committee
    The agenda during the full Council meeting will include the items 
listed here.

Schedule and Agenda for Council Meeting

9 a.m. - 5 p.m. Wednesday, March 14, 2007

    1. Introductions
    2. Approval of Agenda
    3. Approval of 135th and 136th Meeting Minutes
    4. Agency Reports
A. NMFS
    1. Pacific Islands Regional Office (PIRO)
    2. Pacific Islands Fisheries Science Center (PIFSC)
B. NOAA General Counsel
C. United States Fish and Wildlife Service (USFWS)
    5. Mariana Archipelago
A. Island Area Reports
    1. Commonwealth of the Northern Mariana Islands (CNMI)
    2. Guam
B. Enforcement Reports
    1. CNMI Enforcement Agency Report
    2. Guam Enforcement Agency Report
    3. United States Coast Guard (USCG) Enforcement Report
    4. NMFS Office for Law Enforcement (OLE) Report
    5. Status of Violations
C. Micronesian Challenged
D. CNMI/Guam Bottomfish Assessment
E. Mariana Turtle Research
F. Federal Monitoring and Reporting Program for CNMI
G. Mariana Community Initiatives
    1. Report on CNMI Advisor and Regional Ecosystem Advisory Council 
(REAC) Meetings
    2. Report on Guam Advisor and REAC Meetings
    3. Report on Guam Voluntary Data Collection Program
H. Scientific and Statistical Committee (SSC) Recommendations
I. Standing Committee Recommendations
J. Public Comment
K. Council Discussion and Action
    6. American Samoa Archipelago
A. Island Area Reports
B. Enforcement Reports
    1. Agency Enforcement Report
    2. USCG Enforcement Report
    3. NMFS OLE Report
    4. Status of Violations
    5. United States Cook Islands Longline Fishing Access
C. Status of Products from American Samoa/Samoa MOU
D. Status of Fisheries Development in American Samoa
    1. Impact to New Minimum Wage Laws
    2. Economic Study
E. Report on Protected Species Interaction in American Samoa Longline 
Fishery
F. American Samoa Turtle Research
G. American Samoa Bottomfish Stock Assessment
H. American Samoa Community Initiatives
    1. Advisory Group Meetings
    2. Legislative Actions
H. SSC Recommendations
I. Standing Committee Recommendations
J. Public Comment
K. Council Discussion and Action

9 a.m. 5 p.m. Thursday, March 15, 2007

    9. Hawaii Archipelago
A. Island Area Reports
B. Enforcement Reports
    1. Agency Enforcement Report
    2. USCG Enforcement Report
    3. NMFS OLE Report
    4. Status of Violations
    5. Automatic Identification System Pilot Project Report
    6. NMFS Vessel Monitoring System (VMS) Policy
    7. Status of Electronic Logbook Reporting Certification Program
C. Protected Resources
    1. Hawaiian Green Sea Turtle Recovery
    2. Monk Seal Fatty Acid Study
    3. Marine Mammal Advisory Committee Recommendations
D. NOAA Updates
    1. Humpback Whale Sanctuary five-year plan
    2. Pacific Services Center
E. Northwestern Hawaiian Islands (NWHI) Monument
    1. Hawaii Longline Transit Notification in NWHI
    2. NWHI Bottomfish
    a. Heleuma ``Anchoring''
    b. Hoomau Hookahua ``Combining'' (ACTION ITEM)
F. Hawaii Bottomfish Research, Monitoring, and Compliance Plan
G. Status of Hawaii Bottomfish Overfishing Actions
    1. State of Hawaii Bottomfish Action
    2. Federal Actions (ACTION ITEM)
H. Hawaii Community Initiatives
    1. Hoohanohano I Na Kupuna Puwalu III Report
    2. Report on Development of Hawaii CDP
    3. Report on Hawaii Community Meetings
    4. Legislative Actions
I. SSC Recommendations
J. Standing Committee Recommendations
K. Public Hearing
L. Council Discussion and Action
    8. Pelagic and International Fisheries
A. Pelagic Total Allowable Catch (TAC) Framework (ACTION ITEM)
B. International Longline Shark Study
C. Longline Management
    1. Guam Longline Area Closure (ACTION ITEM)
    2. Hawaii Swordfish Effort Limit Modification (ACTION ITEM)
D. American Samoa and Hawaii Longline Reports
E. South Pacific Tuna Treaty and United States Longliners
F. Hawaii Longline Fishery and United Nations Food and Agriculture 
Organization (FAO) Code of Conduct
G. International Fisheries Management
    1. Western and Central Pacific Fisheries Commission III, Apia, 
Samoa, Report
    2. Tuna Regional Fishery Management Organizations Meeting, Kobe 
Japan, Report
    3. Bycatch Consortium, Honolulu, Hawaii, Report
    4. Inter-American Tropical Tuna Commission Bigeye Tuna/Yellowfin 
Tuna Management Meeting, La Jolla, California, Report
H. SSC Recommendations
I. Standing Committee Recommendations

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J. Public Hearing
K. Council Discussion and Action

9 a.m. - 5 p.m. Friday, March 16, 2007

    9. Program Planning
A. Magnuson Act Reauthorization
    1. Environmental Review Process (PUBLIC HEARING)
    2. Other Provisions
B. Report on State Disaster Relief Program
C. Council Aquaculture Policy
D. Status of Fishery Management Actions
E. Education and Outreach Report
F. Standing Committee Recommendations
G. Public Comment
H. Council Discussion and Action
    10. Administrative Matters & Budget
A. Financial Reports
B. Administrative Reports
C. Meetings and Workshops
D. Council Family Changes
    1. Advisory Group Changes
E. Standard Operating Procedures and Policies (SOPP)
F. Council Committee Assignments
G. Standing Committee Recommendations
H. Public Comment
I. Council Discussion and Action
    11. Other Business
A. Next Meeting

Background Information

1. NWHI Monument-Hoomau Hookahua ``Combining'' (ACTION ITEM)

    On June 15, 2006, President George W. Bush issued Presidential 
Proclamation No. 8031 establishing the Northwestern Hawaiian Islands 
Marine National Monument (Monument). The proclamation set apart and 
reserved the Northwestern Hawaiian Islands for the purpose of 
protecting the historic objects, landmarks, prehistoric structures and 
other objects of historic or scientific interest that are situated upon 
lands owned and controlled by the Federal Government of the United 
States. In establishing the NWHI monument, Proclamation No. 8031 
assigns primary management responsibility of marine areas to the 
Secretary of Commerce, through the National Oceanic and Atmospheric 
Administration (NOAA) in consultation with the Secretary of the 
Interior. The Proclamation also directed the Secretaries to promulgate 
regulations to prohibit access to the Monument, restrict fishing in 
Ecological Reserves and Special Preservation Areas, establish annual 
catch limits for bottomfish and pelagic species, prohibit anchoring, 
and require VMS on all vessels, among other management measures. 
Regulations implementing these provisions were published at 71 FR 51134 
on August 29, 2006.
    At its 135\th\ Council meeting held in October 2006, the Council 
was presented with information on the effects of measures on the NWHI 
bottomfish fishery and its operations, including the over 
representation of Ecological Reserves and Special Preservation Areas in 
the Hoomalu Zone (Both of the Ecological Zones and seven of the nine 
Special Preservation Areas are located in the Hoomalu Zone). As of 
February 2007, NOAA has not conducted an environmental review to assess 
the biological or social impacts of the monument designation. At its 
137th Meeting, the Council may consider taking action to alleviate the 
of the Monument designation by considering options to alter the zoning 
structure of the NWHI permit areas.

2. Hawaii Bottomfish Overfishing-Federal Action (ACTION ITEM)

    On May 27, 2005, NMFS informed the Council that the Hawaii 
Archipelagic bottomfish stock complex, which occurs in both Federal and 
state jurisdictions, was determined to be experiencing overfishing, 
with the primary problem being excess fishing mortality in the MHI. The 
Council prepared and transmitted to NMFS in May, 2006, Amendment 14 to 
the Bottomfish FMP, which proposed to close waters of Penguin and 
Middle Banks to fishing for bottomfish in order to end overfishing, 
however this action has not been processed by NMFS. Since the amendment 
transmittal, several notable and potentially significant things have 
occurred which may affect management of the bottomfish fishery in the 
Hawaiian Archipelago including: (A) a phase-out of the bottomfish 
fishery by 2011 in the NWHI as mandated through the Presidential 
Monument designation; (B) a new stock assessment was completed by PIFSC 
which concluded the required reduction in fishing mortality should be 
24 percent rather than 15 percent as previously indicated to end 
overfishing; (C) Congress passed the newly reauthorized Magnuson-
Stevens Act which contains new provisions that will affect management 
of the bottomfish fishery, including a requirement to move towards 
management incorporating total allowable catch (TAC) levels for all 
fisheries and a provision requiring State consistency with Federal 
fishery management plans; and (D) the State further revised their 
proposed new Bottomfish Restricted Areas in July 2006 resulting in 
reduced mortality reduction benefits.
    In light of the events described above, the Council will consider 
several new management options to end overfishing in the bottomfish 
fishery. Options include a seasonal closure for both the commercial and 
recreational fishery which results in a 24 percent reduction of 
mortality; several different alternatives for management of the fishery 
using a total allowable catch (TAC) designed to result in the 24 
percent reduction of fishing mortality including management using a TAC 
in combination with a limited access program, using a TAC with 
individual fishing quota (IFQ) allocation; using a TAC for the 
commercial sector and trip limits for the recreational sector; and 
combining a TAC with an annual seasonal closure during the period of 
highest spawning activity. At its 137\th\ meeting, the Council may take 
action to modify the proposed bottomfish management recommendation or 
develop modified alternatives based on recommendations from advisory 
bodies and public comments received.

3. Pelagic TAC Framework (ACTION ITEM)

    At its 137\th\ meeting, the Council may take action to adjust the 
framework process within the Pelagics Fishery Management Plan (PFMP) to 
allow for the implementation of longline catch limits stemming from the 
decisions of the two Pacific tuna Regional Fishery Management 
Organizations (RFMOs).
    International management and conservation of bigeye tuna in the 
Pacific is the responsibility of the Western and Central Pacific 
Fishery Commission (WCPFC) and the Inter-American Tropical Tuna 
Commission (IATTC). The two Pacific tuna RFMOs have already implemented 
limits on fleet-wide catches of bigeye tuna by longline vessels, and it 
is likely that further measures may also be applied to other tunas 
caught by longliners. Currently, there is no mechanism by U.S. catch 
limits established by an RFMO can be efficiently implemented through 
the Magnuson-Stevens Act (MSA) process by the Western Pacific Council. 
At its 136th meeting, the Council recommended that the framework 
process for the PFMP, implemented under Amendment 7 to the PFMP, be 
revised to give the Council the ability to implement catch limits for 
the harvesting of pelagic fish by longline vessels.
    An amendment to the PFMP typically requires approximately one year 
for the completion of necessary documentation, analysis Secretarial 
review and approval, and implementation. Pacific RFMO tuna harvest 
limits are likely to

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change annually, based on the results of stock assessments and other 
changes in the fishery. Timely domestic implementation of catch limits 
stemming from the tuna RFMOs will require that abbreviated background 
work and documentation be prepared in advance of RFMO decisions. The 
framework process is designed for this situation. Under this process 
the Council will prepare and review analyses of anticipated impacts of 
a likely range of catch limits. This analysis will then be used by the 
Council to accept or modify the RFMO decisions under the MSA. All 
analyses will be subject to public review and comment, as will any 
proposed rule resulting from this process.

4. Guam Longline Area Closure (ACTION ITEM)

    Until recently, longlining has not been conducted by U.S. vessels 
based out of ports in the Mariana Islands (Guam and the Commonwealth of 
the Northern Mariana Islands). In 2006, however, the Guam Fishermen's 
Cooperative (GFC) began operating a longline vessel, fishing primarily 
within the EEZ waters around Guam using a 60ft fishing vessel converted 
to longlining through assistance from the Council's Community 
Demonstration Project Program (CDPP).
    However, the operations of the GFC vessel are limited due to a 50 
nautical mile area closure for longline and purse seine vessels around 
the island of Guam and its offshore banks, implemented in 1992 through 
Amendment 5 to the Pelagics Fishery Management Plan (PFMP). At that 
time there was no domestic Guam longline fishery but troll fishermen 
were concerned about an influx of longline vessels from outside the 
territory following the expansion of the Hawaii longline fishery after 
1987. In response to these concerns, the Council recommended the 
implementation of the 50 nm Guam longline area closure.
    The original concerns about expansion of U.S. longline fishing 
home-ported out of Guam through vessels migrating from other parts of 
the US now appear to be unfounded. As such the area closures developed 
in the early 1990s may now be an unnecessary impediment to the 
continued growth of 'domestic' longlining on Guam. However, troll 
fishermen on Guam may still wish to see some form of protection from 
gear conflict with longline fishing. At its 137th meeting thus the 
Council may take action to modify the existing longline area closure 
boundaries or develop some form of exemption process which may allow 
controlled access to the closed area for longline vessels.

5. Hawaii Swordfish Effort Limit Modification (ACTION ITEM)

    The Hawaii Longline Association (HLA) has petitioned the Western 
Pacific Council to eliminate current fishing effort limits for 
swordfish longline fishing and allow an expansion of Hawaii-based 
shallow-set fishing effort. HLA's petition cites new information 
establishing that sea turtle bycatch and mortality have been markedly 
reduced in this fishery to the extent practicable and is rare events. 
Moreover, the HLA petition states that limits on fishing effort in 
Hawaii do more harm than good for sea turtles by shifting fishing 
effort to foreign fisheries that have much higher sea turtle bycatch 
and mortality rates.
    The Hawaii-based longline swordfish fishery began in 1988, and grew 
rapidly to become a major U.S. fresh fish supplier. By the late 1990s, 
the Hawaii-based swordfish fishery supplied 37 to 47 percent of the 
total annual U.S. domestic swordfish consumption. Until early 2001, the 
Hawaii-based longline shallow-set (swordfish-target) fishery was 
managed under Federal regulations in combination with the Hawaii-based 
longline deep-set (tuna-target) fishery. However, as a result of a 
highly dynamic regulatory environment that began in 2000, the two 
Hawaii-based longline fisheries are now separately managed. In March 
2001, fishing restrictions were imposed that prohibited Hawaii-based 
longline vessels from targeting swordfish and, accordingly, Hawaii 
swordfish production collapsed. In late 2003, Federal regulations 
prohibiting the swordfish component of the Hawaii-based longline 
fishery were invalidated in Federal court. As a consequence, new 
fishery regulations were adopted effective April 2, 2004, which provide 
for limited shallow-set fishing effort (2,210 sets annually) subject to 
stringent operational requirements for 18.0 circle hooks, mackerel-type 
bait, and highly conservative incidental take limits adopted for 
protected sea turtle species.
    Under the proposal advanced by HLA the current fishing effort limit 
of only 2,120 shallow sets each year would be eliminated. With the 
elimination of fishing effort-based restrictions, new sea turtle take 
limits would be adopted consistent with the expected level of shallow-
set fishing effort. The HLA petition indicated that due to significant 
reductions in the rate of serious injuries and mortalities, the 
expected mortality would increase by less than 1 loggerhead sea turtle, 
and would remain the same or decrease for leatherback, green and olive 
ridley sea turtles, in comparison to the existing regulatory regime. In 
addition, the HLA petition asserts that by eliminating the considerable 
adverse impact on sea turtles from domestic consumption of swordfish 
caught in largely unregulated fisheries, the impact of global fishing 
on Pacific sea turtle populations as a whole would be reduced by 
hundreds of sea turtles each year.
    At its 137th Meeting, the Council will consider the HLA petition 
and may decide to take action to modify the current management of the 
Hawaii swordfish fishery.

Special Accommodations

    These meetings are physically accessible to people with 
disabilities. Requests for sign language interpretation or other 
auxiliary aids should be directed to Kitty M. Simonds, 808-522-8220 
(voice) or (808)522-8226 (fax), at least 5 days prior to the meeting 
date.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: February 16, 2007.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E7-3137 Filed 2-22-07; 8:45 am]
BILLING CODE 3510-22-S